ABA Journal

Trials & Litigation

19838 ABA Journal Trials & Litigation articles.

Federal judge sitting atop mound of patent litigation loses perch with equitable-distribution order

A federal judge in Waco, Texas, who hears nearly 25% of the nation’s patent cases will see his intellectual-property docket shrink as a result of a new order on case distribution.

5th Circuit judge argues for a cost-benefit exception to the exclusionary rule

A federal appeals judge has written a concurrence to her majority opinion to suggest that courts use a cost-benefit analysis in some cases when defendants seek to suppress statements made to police without a Miranda warning.

Mistrial declared in estate-planning malpractice suit against Nelson Mullins after jurors can’t agree

A judge in Fort Lauderdale, Florida, has declared a mistrial in a malpractice lawsuit alleging that an estate-planning lawyer at Nelson Mullins Riley & Scarborough failed to ensure that a wealthy couple’s five children each shared equally in trust money.

5th Circuit rules against children with disabilities who challenged Texas’ ban on school mask mandates

A federal appeals court on Monday ruled that children with disabilities had no standing to challenge a ban on school mask mandates in Texas because they hadn’t shown that a favorable decision would redress their injuries.

Law firms are increasingly suing for unpaid legal fees, lawyers say

Law firms are filing more lawsuits seeking unpaid legal fees, despite the risk that they will face counterclaims for malpractice.

Using Texas’ abortion law playbook, California allows private suits over sales of banned weapons

Democratic California Gov. Gavin Newsom signed a bill Friday that allows private parties to sue anyone who imports, makes, sells or distributes weapons banned for sale in California.

Senior legal counsel discusses how to align wellness and e-discovery

Ari Kaplan recently spoke with Amy Sellars, senior legal counsel for e-discovery and operations at the CBRE Group, a real estate company, and one of the founders of the Mind-Budget Connection, a new organization focused on empowering e-discovery professionals.

Licensed paralegals program in Oregon gets final approval

The Oregon Supreme Court has given final approval to a program that allows licensed paralegals to provide limited legal services in family law and landlord-tenant cases.

Weekly Briefs: Bannon convicted for contempt of Congress; suit targets Skittles ingredient

Steve Bannon convicted for contempt of Congress

Jurors deliberated for less than three hours before convicting Steve Bannon, a former adviser for former President Donald Trump, on two counts of…

In first SCOTUS vote, Jackson joins liberal justices and Barrett in opposing block on Biden immigration policy

The U.S. Supreme Court on Thursday refused to reinstate a Biden administration immigration policy that prioritizes apprehension and deportation of people who pose a threat to national security, public safety and border security.

Wells Fargo didn’t have contractual duty to catch scam check that cost law firm nearly $200K, judge rules

A scammed law firm that wired nearly $200,000 to a Nigerian bank can’t recover the money from Wells Fargo, a federal judge in Pennsylvania has ruled.

Trump lawyer loudly sang and rapped aloud with ‘offensive booming music,’ bias suit says

A legal assistant has filed a lawsuit alleging that a lawyer for former President Donald Trump loudly sang along with songs in the workplace that had racially derogatory and sexually explicit lyrics, making the plaintiff feel “shocked, embarrassed and humiliated.”

Judge is suspended after awarding judgment on counterclaim that was never filed

A judge in Cowlitz County, Washington, was censured and suspended without pay for 10 days after she awarded a judgment on a counterclaim that was never filed and had an off-the-record discussion with a traffic litigant.

After learning lawyer’s remark was a ‘serious covert insult,’ judge refers incident to state bar

A San Diego judge has reported a lawyer to the State Bar of California for possible disciplinary action after learning that the attorney’s “See You Next Tuesday” remark was a “serious covert insult” directed toward two female defense lawyers.

Washington Supreme Court justice shows ‘representation does matter’

G. Helen Whitener brings several different perspectives to her work as a state supreme court justice. She is the first Black woman and fourth immigrant-born justice to sit on the Washington Supreme Court. She is the first Black LGBT judge in the state of Washington. She also identifies as an individual with a disability.

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